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Minutes of Proceedings 1999-2011

Journal of Parliamentary Proceedings Sessions 1 & 2

Committees Sessions 1, 2 & 3

Annual reports

Meeting of the Parliament

Wednesday 22 December 2004

Note: (DT) signifies a decision taken at Decision Time.

The meeting opened at 2.30 pm.

1. Time for Reflection: Cardinal Keith O’Brien, Archbishop of St Andrews and Edinburgh led Time for Reflection.

2. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2201—That the Parliament agrees that, during Stage 3 of the Emergency Workers (Scotland) Bill, debate on each part of the proceedings shall be brought to a conclusion by the time-limits indicated (each time-limit being calculated from when the Stage begins and excluding any periods when other business is under consideration or when the meeting of the Parliament is suspended or otherwise not in progress):

Groups 1 and 2 – no later than 30 minutes

Groups 3 to 5 – no later than 55 minutes

Motion to pass the Bill – 1 hour 40 minutes

The motion was agreed to.

3. Ministerial Statement: The Minister for Transport (Nicol Stephen) made a statement and answered questions on concessionary fares.

4. Emergency Workers (Scotland) Bill - Stage 3: The Bill was considered at Stage 3.

The following amendments were agreed to without division: 4, 9, 10, 11, 13 and 14.

The following amendments were agreed to (by division)—

5 (For 86, Against 11, Abstentions 0)

6 (For 89, Against 9, Abstentions 0)

7 (For 89, Against 12, Abstentions 0)

8 (For 89, Against 13, Abstentions 0)

12 (For 87, Against 14, Abstentions 0)

The following amendments were disagreed to (by division)—

2 (For 31, Against 70, Abstentions 0)

15 (For 31, Against 69, Abstentions 0)

16 (For 30, Against 70, Abstentions 0)

Other amendments were not moved.

5. Emergency Workers (Scotland) Bill – Stage 3: The Minister for Finance and Public Service Reform (Mr Tom McCabe) moved S2M-2157—That the Parliament agrees that the Emergency Workers (Scotland) Bill be passed.

After debate, the motion was agreed to ((DT) by division: For 95, Against 15, Abstentions 0).

6. Motion on the Code of Practice for Ministerial Appointments to Public Bodies: Trish Godman moved S2M-2097—That the Parliament notes that the Commissioner for Public Appointments in Scotland proposes to adopt, as an interim measure, the UK Code of Practice for Ministerial Appointments to Public Bodies, until such time as a Code of Practice for Ministerial Appointments to Public Bodies in Scotland is agreed.

After debate, the motion was agreed to (DT).

7. Business Motion: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2199—That the Parliament agrees the following programme of business—

Wednesday 12 January 2005

2.15 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Education Committee Debate: 8th Report of the Education Committee on Child Protection Issues

followed by Motion on the Gambling Bill - UK Legislation

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 13 January 2005

9.30 am Parliamentary Bureau Motions

followed by Scottish National Party Business

12 noon First Minister’s Question Time

2.00 pm Question Time—

Environment and Rural Development;

Health and Community Care;

General Questions

3.00 pm Executive Debate: Victims and Witnesses

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Wednesday 19 January 2005

2.30 pm Time for Reflection

followed by Parliamentary Bureau Motions

followed by Executive Business

followed by Business Motion

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

Thursday 20 January 2005

9.30 am Parliamentary Bureau Motions

followed by Stage 1 Debate on the Further and Higher Education (Scotland) Bill

12 noon First Minister’s Question Time

2.00 pm Question Time—

Enterprise, Lifelong Learning and Transport;

Justice and Law Officers;

General Questions

3.00 pm Executive Business

followed by Parliamentary Bureau Motions

5.00 pm Decision Time

followed by Members’ Business

The motion was agreed to.

8. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2191—That the Parliament agrees that the Justice 2 Committee be designated as lead committee in consideration of the following instruments—

the Police Act 1997 (Criminal Records) (Protection of Children) (Scotland) Regulations 2004 (SSI 2004/526);

the draft Scotland Act 1998 (Modifications to Schedule 5) Order 2005; and

the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005.

The motion was agreed to (DT).

9. Designation of Lead Committee: Ms Margaret Curran, on behalf of the Parliamentary Bureau, moved S2M-2192—That the Parliament agrees that the Health Committee be designated as lead committee in consideration of the Smoking, Health and Social Care (Scotland) Bill at Stage 1.

The motion was agreed to (DT).

10. Decision Time: The Parliament took decisions on items 5, 6, 8 and 9 as noted above.

11. Congestion Charging Scheme Referenda: The Parliament debated S2M-2175 in the name of David McLetchie—That the Parliament congratulates West Lothian Council for agreeing to hold a consultative referendum on the City of Edinburgh Council’s congestion charging scheme and for setting a question which conforms with the guidelines issued by the Electoral Commission and regrets that the City of Edinburgh Council, in its referendum, has proposed for answer a question which does not conform with these guidelines and intends to circulate an information leaflet with the ballot paper which will not include statements from parties opposed to the scheme.

The meeting closed at 5.49 pm .

P E Grice
Clerk of the Parliament
22 December 2004


Appendix
(Note: this Appendix does not form part of the Minutes)

New Bills introduced or reprinted on 16 December 2004

Smoking, Health and Social Care (Scotland) Bill —A Bill for an Act of the Scottish Parliament to prohibit smoking in certain wholly enclosed places; to make provision in relation to general dental services, general ophthalmic services, personal dental services and pharmaceutical care services; to make provision in relation to disqualification by the NHS Tribunal; to enable the Scottish Ministers to establish a scheme for the making of payments to certain persons infected with hepatitis C as a result of NHS treatment; to amend the Regulation of Care (Scotland) Act 2001 as respects what constitutes an independent health care service, the implementation of certain decisions by the Scottish Commission for the Regulation of Care or the Scottish Social Services Council and the provision of information to the Council; to make provision providing further time for applications to be made for registration of child care agencies and housing support services under the Regulation of Care (Scotland) Act 2001 and provide authorisation for the payment of certain grants to such services while not registered under that Act; to amend the Adults with Incapacity (Scotland) Act 2000 as respects authorisation of medical treatment; to enable the Scottish Ministers to form, participate in and provide assistance to companies for the purpose of providing facilities or services for persons exercising functions under the National Health Service (Scotland) Act 1978 or of making money available to the health service in Scotland; and to amend the rules as to membership of and other matters relating to the Scottish Hospital Endowments Research Trust. (SP Bill 33) (Executive Bill)

Introduced by: Mr Andy Kerr

Supported by: Rhona Brankin

Explanatory Notes (and other accompanying documents) (SP Bill 33-EN) and a Policy Memorandum (SP Bill 33-PM) were printed to accompany the Bill.

Subordinate Legislation

Negative Instruments

The following instrument was laid before the Parliament on 17 December 2004 and is subject to annulment

The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 2004 (SSI 2004/543)

laid under section 28(5) of the Ethical Standards in Public Life etc. (Scotland) Act 2000

The following instruments were laid before the Parliament on 22 December 2004 and are subject to annulment—

The Sweeteners in Food Amendment (Scotland) Regulations 2004 (SSI 2004/548)

laid under section 48(3) of the Food Safety Act 1990

The Solicitors (Scotland) Act 1980 (Compensation for Inadequate Professional Services) Order 2004 (SSI 2004/550)

laid under section 56A(5) of the Solicitors (Scotland) Act 1980

The Title Conditions (Scotland) Act 2003 (Notice of Potential Liability for Costs) Amendment Order 2004 (SSI 2004/552)

laid under section 127(1) of the Title Conditions (Scotland) Act 2003

Not Subject to any Parliamentary Procedure

The following instrument was laid before the Parliament on 20 December 2004 and is not subject to any Parliamentary procedure

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No. 4) (Scotland) Revocation Order 2004 (SSI 2004/547)

laid under section 1(10) of the Food and Environment Protection Act 1985

The following instruments were laid before the Parliament on 22 December 2004 and are not subject to any Parliamentary procedure—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 10) (Scotland) Partial Revocation Order 2004 (SSI 2004/549)—

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 7) (Scotland) Partial Revocation Order 2004 (SSI 2004/553)—

laid under section 1(10) of the Food and Environment Protection Act 1985

Other Documents

The following documents were laid before the Parliament on 17 December 2004 and are not subject to any Parliamentary procedure

Her Majesty’s Chief Inspector of Fire Services for Scotland Report for 2003-2004 (SE/2004/275)

Scottish Water Interim Accounts for the six months to 30 September 2004 (SE/2004/284)

laid under section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

Audit Committee 9th Report 2004 Scottish Executive Health Department Response Better Equipped to Care? Follow-up report on managing medical equipment (SE/2004/291)

The following documents were laid before the Parliament on 20 December 2004 and are not subject to any Parliamentary procedure

Overview of the financial performance of the NHS in Scotland 2003-04 – A main report prepared for the Auditor General for Scotland (AGS/2004/12)—

Scottish Executive Consolidated Resource Accounts for the year ended 31 March 2004 (SE/2004/267)—

Erskine Bridge Accounts 2003-04 (SE/2004/274)—

Scottish Teachers’ Pension Scheme Statement 2003-2004 incorporating a report by the Auditor General for Scotland on the 2003-04 audit of the Scottish Teachers’ Pension Scheme Scotland Accounts (SE/2004/277)—

The NHS Pension Scheme (Scotland) Accounts for the year ended 31 March 2004 incorporating a report by the Auditor General for Scotland on the audit of the NHS Pension Scheme Scotland Accounts (SE/2004/278)—

Scottish Consolidated Fund Receipts and Payments Account 1 April 2003 to 31 March 2004 (SE/2004/292)—

The Cairngorms National Park Authority Accounts for the period ended 31 March 2004 (SE/2004/294)—

Audit Scotland Cairngorms National Park Authority Report on the 2003-04 Audit (SE/2004/295)—

Report by the Auditor General for Scotland on the 2003-04 Audit of the Scottish Executive Consolidated Resource Accounts (SE/2004/296)—

laid under the Public Finance and Accountability (Scotland) Act 2000

The following documents were laid before the Parliament on 21 December 2004 and are not subject to any Parliamentary procedure

Water Customer Consultation Panels Report and Accounts to 31 March 2003 (SE/2004/11)—

The Office of the Scottish Charity Regulator Annual Report and Accounts for the period from 16 December 2003 to 31 March 2004 (SE/2004/298)—

Water Customer Panels Report and Accounts to 31 March 2004 (SE/2004/299)—

GTC Scotland Annual Report and Accounts 2003-2004 (SE/2004/302)—

laid under section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

Annual Report and Financial Statement of the Care Commission 1 April 2003 to 31 March 2004, incorporating a report by the Auditor General for Scotland on the 2003-04 Audit of the Scottish Commission for the Regulation of Care (SE/2004/261)

laid under paragraph 10 of schedule 1 of the Regulation of Care (Scotland) Act 2001 and section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

Scottish Screen National Lottery Distribution Fund Financial Statements for the year ended 31 March 2004 (SE/2004/293)

laid under section 26(3), (3A) and (4) of the National Lottery etc. Act 1993

The following documents were laid before the Parliament on 22 December 2004 and are not subject to any Parliamentary procedure—

Forestry Commission Scotland Annual Report and Accounts 2003-2004 incorporating a report by the Auditor General for Scotland on the 2003-04 audit of Forest Enterprise Scotland (SE/2004/243)—

Scottish Children’s Reporter Administration (SCRA) Accounts 2003-2004 incorporating a report by the Auditor General for Scotland on the 2003-04 audit of Scottish Children’s Reporter Administration (SE/2004/287)—

Water Commissioner for Scotland Annual Report and Accounts for the period 1 April 2002 to 31 March 2003 incorporating a report by the Auditor General for Scotland on the 2002-03 audit of the Water Commissioner for Scotland (SE/2004/300)—

Water Commissioner for Scotland Annual Report and Accounts for the period 1 April 2003 to 31 March 2004 incorporating a report by the Auditor General for Scotland on the 2002-03 audit of the Water Commissioner for Scotland (SE/2004/301)—

Scottish Natural Heritage Audited Financial Accounts for the year ended 31 March 2004 (SE/2004/303)—

laid under section 22(5) of the Public Finance and Accountability (Scotland) Act 2000

Caledonian MacBrayne Hebridean and Clyde Ferries Annual Report and Accounts 2003-2004 (SE/2004/264)

David MacBrayne Limited Annual Report and Accounts 2003-2004 (SE/2004/265)

Caledonian MacBrayne Holdings Limited Annual Report and Accounts 2003-2004 (SE/2004/266)

Committee Reports

The following Report was published on 17 December 2004

Local Government and Transport Committee, 8th Report 2004 (Session 2): Report on the Gambling Bill - UK Legislation (SP Paper 260)

The following Report was published on 20 December 2004

Enterprise and Culture Committee , 12th Report 2004 (Session 2): Stage 1 Report on the Further and Higher Education (Scotland) Bill (SP Paper 259)

The following Report was published on 22 December 2004

Subordinate Legislation Committee, 46th Report 2004 (Session 2): Report on Subordinate Legislation (SP Paper 261)